Can i trademark myself [Expert Answers]

Last updated : Sept 16, 2022

Can you trademark on your own?

Yes, as long as you are an American citizen or a company domiciled in the United States, you are able to file your own trademark application.

How do I trademark my personal name?

How do you trademark a name? You can file an application to register your trademark online. Your application must specify the goods or services associated with your name, and your trademark will extend only to those goods or services.

What are the 3 types of trademarks?

What you'll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive Trademarks.

Can you trademark a name as an individual?

The U.S. Patent and Trademark Office can register an individual's name as a part of a trademark; however, it only grants protection to names that are extensively utilized in commerce or ones that are distinctive. Logos are protected to established names that identify a product or company from other competitors.

Should I file my trademark myself?

It is certainly possible for entrepreneurs to file applications and successfully register trademarks on their own. If this is the route you choose, then it is well worth your time to familiarize yourself with the application process in order to decrease the chance of a costly problem.

Should I register a trademark myself?

Importantly, it is not required for a trademark to be registered. You can acquire what are known as "common law" trademark rights simply by using your mark, whether a name or a logo, in commerce within your community.

Is it better to trademark or copyright a name?

A trademark can protect your name and logo in case someone else wants to use them for their own purposes. Also, you cannot really copyright a name, since copyright protects artistic works. This is exactly why you need to have a trademark that protects your company's intellectual property, such as your logo.

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

What names can you not trademark?

• Proper names or likenesses without consent from the person.
• Generic terms, phrases, or the like.
• Government symbols or insignia.
• Vulgar or disparaging words or phrases.
• The likeness of a U.S. President, former or current.
• Immoral, deceptive, or scandalous words or symbols.
• Sounds or short motifs.

Is it expensive to trademark a name?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

Can you make money from trademarking?

But registering a trademark isn't just an opportunity for entrepreneurs to preserve all of their hard work from getting used by another company – it's another way to make money too. Some trademarks are worth billions. Google's trademark value totals a whopping $44.3 billion. Microsoft's comes in at $42.8 billion.

What are some 5 examples of trademarks?

• Under Armour®
• Twitter®
• It's finger lickin' good! ®
• Just do it®
• America runs on Dunkin'®

What is a personal trademark?

Common law trademark rights arise through adoption and use of a mark in commerce. To be protected as a trademark, a personal name must be used as a trademark—the name must be used as a source identifier, to distinguish the goods or services of a particular source.

Can you trademark a name without a business?

You can't register a trademark for non-business purposes. You can only trademark a brand name that you're using in business or that you intend to use in business in the near future.

Can you copyright your face?

Many wonder, “Can I trademark my face?” Unfortunately, the immediate answer is no. Copyright is only valid for man-made creative ventures. The creative work must be a product of deliberate effort through creativity and conscious choices.

What comes first LLC or trademark?

The trademark needs to be owned by someone. The trademark owner is typically going to be the one who is using the trademark. If the plan is to form an LLC to operate your business using that trademark, then the LLC would be the trademark owner. So the LLC needs to exist before the application is filed.

Should I own the trademark or my LLC?

The party who controls the nature and quality of the goods and services used in connection with the brand should be the trademark owner. This is an important decision and naming the proper owner for purposes of registration is critical to maintaining a valid trademark.

Should you trademark an LLC?

If you have already incorporated or formed an LLC for your business, you should register your trademark under the umbrella of the corporation or LLC. And if you are considering incorporating or forming an LLC but haven't gotten around to it yet, you should do so before registering any trademarks.

How do I trademark a name for free?

You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, etc.

How hard is it to file a trademark?

Filing a trademark isn't a simple process, but the protection it affords your brand is worth your time and effort. To register a trademark with the U.S. Patent and Trademark Office (USPTO), you will need to fill out and submit a trademark application.

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establish your business protect your name and keep your profit hello I'm Tammy Shambaugh a houston-based attorney and creator of ask Tammy live where we discuss the best ways to establish your business protect your name and keep your profits today we are going to answer the question can I register my trademark by myself the short answer to your question is yes all things are possible sue he who believes but the better question is should you let's explore that a little bit more the reason why I say should you is that if you work really hard at it yes you can but who knows how successful you'll be because there are three areas that you really need to consider when it comes to being successful on registering your trademark the first thing you want to think about is your level of skill and experience right you want to consider it do I know this trademark world enough when you go online and you see the different online providers that are trying to help you register your trademark on your own one of the things that they never tell you is they don't tell you that in most trademark applications you're going to receive an initial denial they don't tell you that and they don't tell you how to solve that they don't tell you that that's where a lot of trademark registrations die they don't tell you any of that they don't tell you that you are going to be put up against another attorney that the people at the United States Patent and Trademark Office are actually attorneys evaluating your mark that's really really important to know that your skill level with regards to navigating legal documents and making legal arguments may be required in registering your trademark so your question is how much skills do I have in this area the next question you want to ask is how much time do I have to waste see has an attorney this is what I do this is what I like to do it's not a waste of time before an entrepreneur who has to worry about product development what's to worry about customer service who has to worry about marketing is this another thing you want to add to your plate do you want to now go back and do the research that and in the study that I got to do in getting my degree in getting my license if you want to feel free to but I would hope that your time is more valuable than that I believe that it would probably be a better use for you to find someone who can help you do this quickly who can help you do this thoroughly without any issues I think it'd be better for you to get help a trademark attorney or a business based attorney who can help you get through this so that you can focus on your work and you know the truth you know that you have a lot already you know that as an entrepreneur your days are packed focus on the things that are in front of you and let someone help you that's one of the business secrets nobody becomes successful by themselves they outsource things to other experts and to other people who can specialize in areas and they figure out what they're best at and they hone in and focus and do that that's what I think you should do the third thing I want you to consider is your access to resources so it's not just a matter of skill because hey you could probably you know you might be much smarter than me you know more equipped very skillful and you may have all the time in the world but the question is you also have the access to the resources I have most people will tell you do your initial search you look up your mark under the United States Patent and Trademark Office it's a great step helps you wade through certain things but trust me that's not where we stop as attorneys we don't just check the United States Patent and Trademark Office we look at others databases we look at your local database as we look nationally we look at domains we look at social media accounts we do in-depth trademark search and clearance before you invest in building this brand so that you don't regret it later so many people decide I'm gonna do this myself they decide I don't need to register a trademark they just start a business and they invest time money and energy just to find out down the line that they are infringing on someone else and all their work goes to no I don't want that to be you so again the question is now can you do this the question is should you I hope this video has been helpful to you if it has been please feel free to subscribe below additionally go ahead and follow me on social media on places like Instagram and Facebook I'm constantly doing live videos where I'm sharing information bringing people in talking about different things sharing stories from real business people like you so that people don't make the same mistakes all right so follow me so you can get access to that additionally I want to invite you if you do need help in your in the Texas area I'm an attorney if you need help you always have access to that you can feel free to schedule a consultation with me by visiting www.cavaliermazda.com

Thanks for your comment Dreama Gowers, have a nice day.
- Ilana Coventon, Staff Member

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Thanks gragonx6 your participation is very much appreciated
- Ilana Coventon

About the author

Ilana Coventon

I've studied political philosophy at Ferris State University in Big Rapids and I am an expert in sociomusicology. I usually feel numb. My previous job was computer systems engineer I held this position for 21 years, I love talking about marching band and virtual reality. Huge fan of Cody Simpson I practice cycling: track and collect chemical elements.